AHAMAD BISWAS Vs. BENOY BHUSAN GUPTA

JUDGEMENT

(1.) This appeal arises out of a suit rent brought by the plaintiffs against the defendants Nos. 1 to 9, who are the appellants.

(2.) It appears that a suit for rent of the holding was brought by the defendants Nos. 10 to 13 who were the co-sharers of the plaintiffs in the year 1911, and that suit was framed as a suit under Section 148A. The present plaintiffs bad been made parties to that suit. In execution of the decree obtained in that suit, the holding was put up to sale but the notice as required by Section 158B, sub-section 2, was not served on the present plaintiffs, the co-sharer-landlords. The defendants Nos. 10 to 13, decree holders in that suit, purchased the holding at the sale.

(3.) The plaintiffs brought the present suit for recovery of rent. The tenant defendants pleaded that the, holding had passed by the sale to the defendants Nos. 10 to 13, that they had taken a settlement from the latter and were in possession, that there was, therefore, no relationship of landlord and tenant between them and the plaintiffs and that the suit for rent could not be maintained.